In re Caputo

Appellant has been dismissed from the position of patrolman in the Schenectady police department by the Schenectady city manager after a hearing. The determination is reviewed here by appeal in pursuance of section 138 of the Second Class Cities Law.

The charge is that appellant while on duty as a policeman “ escorted a 16 year old girl in a surreptitious manner from a public street into a abandoned building, into which he forced *485entry for the purpose of carrying on clandestine relations with such female ” which was “ prejudicial to good order, efficiency and discipline ” of the department.

Howe…